Reflex Sports Rewards - Terms and Conditions
This page sets outs Reflex’s (“Reflex”, “we”, “our”) terms and conditions that apply in relation to your sports club’s, team’s or training group’s (in each case “Club”, “you” or “your”) participation in the Reflex Sports Rewards Programme (“the Programme”).
All clubs, teams or training groups submitting an application and participating in the Programme must be represented by a nominee who must be aged 18 years or above and be authorised to represent and act on behalf of their club, team or training group in connection with the Programme (the “Club Nominee”). By submitting an application on behalf of a Club to participate in the Programme, the Club Nominee warrants and represents that they have the authority to act for their Club and have read, understood and agree to these terms and conditions for and on behalf of their Club. It is the Club Nominee’s responsibility to ensure that their Club’s governing body or committee and/or members are made aware of these terms and conditions.
What is the Reflex Sports Rewards Programme?
The purpose of the Programme is to provide sports clubs, teams or training groups with high quality, scientifically formulated, sports nutrition products at discounted prices and cashback rewards on qualifying purchases (using a unique club discount code) to spend on club projects, supporting a charity of the Club’s choosing, or the local community.
There will also be a number of added benefits that will be awarded on a case by case basis at Reflex’s discretion and dependent upon the Club’s level of engagement within the Programme.
How long is the programme?
The programme will run until 31st December 2021. We will then review its status as we head into 2022, and we may decide to extend it.
Eligibility criteria and entry onto the Programme
To be eligible for consideration for participation in the Programme, a Club must:
- be UK-based;
- be affiliated to a sports governing body or, if not affiliated, be a group of people who meet regularly for sporting activities and/or exercise. Where a Club is affiliated, the Club’s committee must have confirmed that it agrees to join and participate in this Programme and, upon request, provide Reflex evidence of this;
- nominate a Club Nominee to act as a single point of contact to Reflex and to represent and act on behalf of the Club in connection with the Programme. Any changes to the details of this nominee must be notified to us promptly. The Club Nominee shall liaise with Reflex on a regular basis to review the promotional activities of the Club and its members and to ensure the smooth running of the Programme;
- have a valid UK bank account which is authorised by the Club to be operated and administered by its treasurer, team coach or nominated group organiser;
- not be already participating in this Programme. Only one entry is allowed per Club; and
- complete and submit our online entry form [link to form]. All information submitted must be complete, up-to-date and accurate.
Upon receipt of a Club’s application, we will review the application and decide, in our sole discretion, whether to allow or reject the Club’s entry to the Programme. If the Club is accepted onto the Programme, we will confirm this in writing.
Promotional Club Code – discounts, cashback rewards and other benefits
On our written acceptance of a Club’s participation in the Programme, we will issue the Club Nominee with a unique promotional code (“Club Discount Code”) that members of the Club and their friends and family may use to receive the following benefits, subject always to compliance with these Terms and Conditions and the Club Discount Code Rules (see below):
- Discount on Reflexnutrition.com: discounted purchases for members of the Club and their friends and family of up to 40% off all full priced (RRP) products on the Reflexnutrition.com
Cashback rewards for the Club for Cashback Projects:
- For the duration of a Club’s participation in the Programme, it may earn cashback rewards (“cashback rewards”) on every purchase of full priced (RRP) products on the Reflexnutrition.com website for which the Club’s Discount Club Code has been used in accordance with the Club Discount Code Rules (each a “Qualifying Purchase”).
- Cashback rewards will be up to 10% of the net sales price (product price after discounts, excluding VAT and postage and packaging) of a Qualifying Purchase.
- Funds provided for cashback rewards may only be used to fund Cashback Project(s) that are agreed in advance with Reflex (see further below). Payment of cashback rewards is subject to agreement of such Cashback Project(s).
- Qualifying Purchases and cashback rewards will be tracked on a cumulative basis by Reflex from the date a Club is granted entry to the Programme until either the end of the Programme or if you or we decide to end the Club’s participation in the Programme (see section below). Cashback rewards will be calculated by Reflex quarterly with a first payment date of 11.2020 (or on such other frequency as Reflex may choose in its sole discretion) and will be paid into a nominated UK bank account subject always to compliance with these Terms and Conditions, including the Club Discount Code Rules and agreement of a Cashback Project (see below).
- Once accepted onto the programme you will be requested to send your nominated bank details along with your club discount code to firstname.lastname@example.org. Commission will be paid on a quarterly basis.
- The maximum amount of Cashback rewards payable by Reflex to a Club shall be £20,000 per calendar year (“Value Cap”). Payments of Cashback rewards which exceed this Value Cap may be made by Reflex in its sole discretion.
- Other Programme benefits: Reflex may from time to time offer additional discretionary benefits to Clubs that participate in the Programme. Such benefits will be made available at Reflex’s sole discretion and on a case by case basis.
All uses of a Club Discount Code must be in accordance with the Club Discount Code Rules (see below) and any benefits are subject to adherence with such rules. Purchases and discounts are subject to the Reflex Terms of Sale on reflexnutrition.com [link to terms of sale].
Reflex reserves the right to modify or discontinue, temporarily or permanently, the discount and/or cashback reward and/or other Programme benefits (and associated conditions) without prior notice at any time during the Programme.
Club Discount Code Rules
The Club Discount Code may only be used in accordance with the following Club Discount Code Rules:
- Who can use the Club Discount Code: the Club Discount Code can be distributed to and used by members of the Club and their friends and family only. The Club Discount Code may NOT be distributed to and/or used by anyone who is not associated with the Club and/or its members;
- Methods of distribution of the Club Discount Code: the Club Discount Code may be distributed to Club members and their friends and family using any method that directly reaches that audience, e.g. via word of mouth, on a club house notice board, via leaflets/newsletters, through private Club-related social media groups, via private WhatsApp or Facebook messenger groups, or via email to the Club’s database. The Club Discount Code must NOT be shared with the general public (e.g. via website or social media channels) or with any other unauthorised third parties (e.g. voucher code sharing websites).
- Use on Reflexnutrition.com: the Club Discount Code can only be used on Reflexnutrition.com and cannot be used on any other third party website or store. The Club Discount Code’s use is subject to the Reflex Terms of Sale on reflexnutrition.com [link to terms of sale] and is applicable only on full priced (RRP) products. The Club Discount Code cannot be used in conjunction with another discount code or site wide promotion.
- Misuse of your Club Discount Code: you must notify Reflex immediately on becoming aware of any misuse of the Club Discount Code, including any breach of these Club Discount Code Rules.
The Club and/or the applicant or other Club Nominee (acting for and on behalf of the Club) warrants, represents, and undertakes to only use the Club Discount Code in accordance with the Club Discount Code Rules.
Reflex reserves the right to amend the Club Discount Code Rules without prior notice at any time during the Programme. Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, in the event that we become aware of any breach of these Club Discount Code Rules or misuse of the Club Discount Code, we reserve the right to end your participation in the Programme (see further below).
Use of Cashback Rewards – Cashback Projects
Through the cashback rewards earnt through the Programme, Reflex will support raising funds for agreed projects that help further the development of the Club, a charity of the Club’s choosing, or the local community (each agreed project a “Cashback Project”). Examples of Cashback Projects are set out in the Programme Overview [link to marketing doc]. The following shall apply in relation to Cashback Projects and the use of cashback rewards:
- Agreement of Cashback Projects – each Cashback Project should aim to benefit the Club or local community/charity and must be agreed with Reflex. The first Cashback Project(s) must be agreed by Reflex (acting in its sole discretion) before acceptance of the Club onto the Programme. A Club may have multiple Cashback Projects. The Club must notify Reflex of any changes to a previously agreed Cashback Project and such changes must be agreed with Reflex.
- Use of cashback rewards – cashback rewards may only be used to fund Cashback Projects. The Club and the applicant or other Club Nominee (acting for and on behalf of the Club) warrants, represents, and undertakes that any cashback rewards that the Club receives from Reflex will be used lawfully and solely for the purpose of the agreed Cashback Project(s). Upon reasonable notice, the Club shall provide Reflex with documentary evidence (e.g. receipts, photographs or written reports) to demonstrate that the cashback rewards are being used for the purpose of the agreed Cashback Project(s).
- Updates and completion of Cashback Projects – upon request, you must provide us with an update as to the status of your Cashback Project and you must inform us upon the completion of the project. Any new Cashback Project must be agreed with us before any cashback rewards will be paid.
- Misuse of cashback rewards – you must notify Reflex immediately on becoming aware of any misuse of cashback rewards by the Club, its members or by any chosen organisation, charity, or other recipient. Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, in the event that we become aware of any such misuse of cashback rewards, we reserve the right to: (i) end your participation in the Programme (see further below); and (ii) require that you reimburse Reflex the cost of all cashback rewards already paid by Reflex to the Club.
Club Collaboration with Reflex - exposure on online channels
Reflex may from time to time share information about the Programme, the Club’s participation, completed Cashback Projects and other Club achievements on our online channels including our website, social media channels, blogs and email newsletters.
By participating in the Programme, the Club agrees to the above and to support Reflex in the promotion of Programme and the Reflex brand by providing photographs and other content for use by Reflex. The Club shall, upon our reasonable request, provide Reflex with Club-related photographs, images, materials and other content (collectively “Club Content”) for Reflex to use on its social media channels, email newsletters or on its website. The Club and the applicant or other Club Nominee (acting for and on behalf of the Club) warrants and represents that it is authorised to share the Club Content and that the Club is the owner of the Club Content, or that it otherwise has all necessary rights to share the Club Content with Reflex, and that Reflex’s use of any such Club Content shall not infringe any rights, including intellectual property rights, of a third party. The Club shall indemnify Reflex from and against all damages, losses and expenses arising as a result of any action or claim of infringement of intellectual property rights of a third party arising from the use of the Club Content.
Ending the Programme or your participation in the Programme
You may choose to leave the Programme at any time by writing to us. Any valid cashback rewards you have accumulated during your Club’s participation in the Programme will be paid to your nominated bank account subject to the Value Cap and all the terms and conditions of the Programme having been complied with by the Club at all times. Your Club Discount Code will be deactivated on leaving the Programme.
At our sole discretion, we may decide to terminate the Programme earlier than its end date on 31st December 2021. If we do so, any valid cashback rewards you have accumulated during your Club’s participation in the Programme will be paid to your nominated bank account subject to the Value Cap and all the terms and conditions of the Programme having been complied with by the Club at all times.
Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, we reserve the right to end or suspend a Club’s Club Discount Code and/or terminate a Club’s participation in the Programme with immediate effect by giving the Club written notice if, in our sole discretion, we are of the view that:
- the Club or any of its members (or any of their friends or family) is in breach of any of these terms and conditions;
- the Club or any of its members have sought to manipulate the operation of the Programme;
- the Club or any of its members (or any of their friends or family) have misused their Club Discount Code;
- the Club or any of its members (or any of their friends or family) have breached any of the Club Discount Code Rules;
- in relation to cashback rewards or a Cashback Project, the Club, its members or its chosen organisation/charity have either: (i) used cashback rewards otherwise than for a Cashback Project; or (ii) otherwise misused any cashback rewards;
- the Club or any of its members have acted in a way that is non-representative of our brand or damages the goodwill or reputation of Reflex; or
- the Club is in breach of any of the eligibility criteria for participation in the Programme.
If we terminate your participation in the Programme under any of the circumstances listed above then: (i) your Club Discount Code will be deactivated; (ii) the payment of any outstanding cashback rewards may be withheld or paid in our sole discretion; and (iii) we may require, within 10 working days following our request, that the Club reimburses Reflex for any cashback rewards that we have previously paid to the Club.
If the Club or any of its members or other individuals suffer any loss or damage arising out of or in connection with the Programme (including, without limitation, indirect, special or consequential loss), Reflex will not be liable for this. Nothing will exclude our liability for death or personal injury as a result of our negligence or fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by law.
How these Terms and Conditions apply
Where the club, team or training group is an incorporated entity (e.g. limited company, charitable incorporated organisation or other form of incorporated entity) these terms and conditions shall apply between Reflex and such incorporated entity set out in the application form on joining the Programme (or otherwise notified to Reflex). The Club shall at all times be responsible for its members’ (or any of their friends’ or family’s) participation in the Programme.
Where the club, team or training group is not an incorporated entity, these terms and conditions shall apply between Reflex and the Club Nominee. The Club Nominee shall at all times be responsible for their Club’s members’ (or any of their friends’ or family’s) participation in the Programme.
We reserve the right to make changes to the Programme and to amend these terms and conditions relating to the Programme at any time. We will notify you of any material changes to the Programme and to these terms and conditions.
In the event of a discrepancy or any conflict between these terms and conditions and the details of the Programme in any promotional materials, these terms and conditions will prevail.
If any provisions of these terms and conditions are judged to be invalid, illegal or unenforceable, this will not affect or impact the continuation in full force and effect the remainder of the provisions.
These terms and conditions shall be governed by and construed exclusively in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the Courts of England.
Issue date: 28th September 2020.